The Superior times. [volume] (Superior, Wis.) 1870-1912, 1887-09-24

court is affirmed. The defendants are
sentenced to be hanged on November
IL.
Just before the opening of court every
one seemed to have feeling that some
5hlp < was going to happen. Before the
iiIur Tor convening of court,
lawyers and reporters seemed to have
that feeling and conversed with each
other in subdued tones. Even Barker,
the janitor, who has waited upon every
justice of the supreme court that sat
upon the bench in Ottawa, tip toed
around IN opening and busting the court
Io0m.
As If he was afraid of breaking the
deathly stiffness that pervaded the en-
aro building, Deputy Smith faltered
md his voice trembled as he pronounced
TIVE Hear ye! Hear We - As the ius-
tees filed into the courtroom, headed
by Chief Justice Sheldon, they appeared
more dignified than ever The Chief
Justice waived his associates to their
seats with even more stateliness than
usual, his nod to the sheriff was more
stiff, and his "open court" less audible
than on previous days Of the term.
Justice Magruder appeared flushed
and nervous as he entered the court
room, the cause of which was evidenced
4 lew moments later when Chief Justice
~holdon turned to him and in a voice
which would have been inaudible save
Tor the deathly stiffness which pervaded
the room, said: Justice Magruder,
have you any announcements to
make ?"
The flushed appearance of the Justice
changed To that OF pallor, and his voice
was husky as he responded: In the
case OF August Spies and others against
the people of the state of Illinois, No.
~, .tdyisemeut docket"
Ihe Chief Justice neryously turned
the leaves Of the court docket to the
case Indicated, when Justice Magruder
read the decision of the court AS he
commenced reading he regained his
Composure. His voice was clear and
distinct until the order fixing the death
penalty and date of execution was
reached, when his reading became la
bored, his voice husky, and
hls manner showed it was
with the greatest emotion that he
performed the duty he had been dele
gated by his associates to perform
The Justice c0ncilded ''In this case
the judgment OF the court below is af-
hrmed as to all and as to each and all
OF the defendants. AnOpinIon has been
prepared setting forth the reasons ofthe
affirmation Of the judgment. The opin-
ALL ID AAOh AAUi4Nti 10 TIE CltIh 10 DS
filed" Having voiced the decision ofthe
court in the most celebrated case it has
ever been called upon to decide, the
Justice who made he announcement at
once left the bench and retired to his
room.
Judge Mukey-"It is not my inten-
ton to otter a separate opinion, as |
should have done | desire to avail N.Y.
self OF this occasion to say that while |
concur IN the conclusions reached, and
also III the general views as entered in the
opinion filed, | do not wish to be un-
derstOod as holding that the record is
tree from error, for | do not think
1t is. am nevertheless of the
opinion that none of the errors COM
planned of re of such serious character
as to require a reversal of the Judgment
in view Of the number of defendants on
trial, the great length of time consumed
IN the trial, the Va amount OftestimOnv
offered and passed upon 10y the court,
and the almost numberless rulings the
court was required To make, the Won
dermeut 10 me Is that the errors were
not more numerous and of more seri-
Gus character thauthey are. In short. af-
ter having fully examined the record and
giving the questions arising on 1t my
very best thought, with an earnest .and
conscientious desire TO faithfully dis
charge my whole duty, | am fully salts
fed that the opinion reached vIudicates
the law and does complete justice be-
tween the people of the state and the
defendants, fully warranted by the law
and the evidence.
~heId0n-In this Clse the court orders
that the sentence of the superior court
o. Cook County of the defendants in
the Observation-Disclosures Spies, Samuel
TF..I,4.,, 4 l,,l,
Geo. {. Engel, Michael Schwab and
IouIs Lining, he carried into effect by
the sheriff Of Cook County on the lIth
dav of November next, on Friday, be-
tween the hours of 10 O'Clock forenoon
and / o clock in the afternoon on that
dav.
The Judgment Of the court was unani-
nous.
The chief points of the decision are
that he who aids, abets, assists. advises,
or encourages in the preparation of
crime shall he considered as a principal,
and punished accordingly. The plain
titis in error, Spies ct al, by
their speeches and teachings both in
public and private, urged the people
generally to prepare for a social reyOlu-
ton, and particularly to prepare to de-
stroy the police IN any emergency that
might arise The throwing of the bomb
in the Haymarket was intended to be
the beginning of the social revolution;
1t was the opening shot in the
internecine war for which the
Conspirators had been preparing.
A prima facie case of conspiracy having
been established TO the satisfaction of
the trial Judge, every act and deClara-
ton Of any member of the conspiracy,
whether party defendant or not, was
admissible as evidence against the aC-
Cused; that Is, II the act or declaration
was in iurtherance of the common OBJ
jc Is OF the conspiracy.
The opinion in the Anarchist case was
written by Judge MagTuder, of the chi
Cago District, and Is an able exposition
of the law and previous Interpretation
thereof by eminent lurlsts IN this county
as well as of the courts bearing upon the
alleged and perhaps real errors in this
record. In his work he was ably helped
by each Of the other six distinguished
judges. who made him their spokesman
and through him expressed their unani-
nous decision. The opinion covers 225
pages of ClOsely-wrltten manuscript, and
contains about So. 600 words
The Anarchists had no counsel here
TO represent them before the court as
the decision was announced, and no
steps were taken in their behalf. They
have fifteen days TO file a motion for
rehearing, and thirty days from the
close ofthe term to file petition IN sup
port thereof. This viii not act as a stay
Of sentence and they will have to show
very strong grounds before the court
Will, consent to the issue Of q stay of
proceeding una, q Teucarln- can be had
next term.
IHE VERDICT IN CHICAGO.
impending Death Does Not shake the